Can I Move Out of Vermont with My Child if I Have Primary Custody?
May 16, 2022

Oftentimes, families relocate to improve their quality of life. If your family is split following a separation, however, the family “left behind” may not feel quite so positive about the change. So, can you actually move out of the state if your co-parent remains in Vermont?

 

If you have primary custody of your child in Vermont, you are typically free to relocate without court approval, so long as your move does not significantly impact the other parent’s child contact time. Most moves within the state fall into this category, though there has been recent case law that suggests such a move may not be approved if the child has special needs. To this effect, it is important to keep the child’s best interests at heart.

 

Special circumstances aside, if your move would impact the noncustodial parent’s ability to see their child, or if the move would affect a custody arrangement previously approved by the court, you may request to have the arrangement modified. To do this successfully, you would need to show that the move is a substantial and unanticipated change, and that your proposed modification to the custody arrangement would better serve the child.

 

How Do Courts Decide on Modification Requests?

 

To determine whether to approve your proposed modification, the courts will weigh several factors. These factors are found in the Vermont statute governing child custody, and include items such as:


  • The relationship of the child with each parent, and the ability of each to provide love and guidance to the child;
  • The impact the change would have on the child;
  • The ability of each parent to encourage a relationship between the child and the other parent, including fostering frequent contact; and
  • The ability of the parents to communicate, and make joint decisions concerning the child.

 

This is not an exhaustive list of factors the courts will consider, but are the ones most likely to be impacted by a move.

Considerations in Vermont Custody Modifications

 

The first factor is important in establishing that your move is, overall, being made with your child’s best interests in mind. The court may also want to hear from older children to determine the quality of their relationships with each parent.

 

The second factor means that you must show how you are mitigating the difficulties with

adjusting following a move. For children, moving means leaving behind their schools and teams, their friends, and possibly other family members.

 

The third factor may be the most affected by a long-distance move. How can you ensure that your child will have regular contact with the other parent? Keep in mind that you are required to bring your child to all instances of court ordered parent-child contact, and not doing so can be a crime.

 

The final factor listed is equally as important. While you may have primary custody of your child, you are still required to keep your co-parent apprised of your child’s well-being, and to communicate with them for a variety of reasons. If you have a total breakdown in communication, how can you ensure this factor is met? Distance may only make communication more difficult.

 

Contact Deppman Law PLC Today

 

Every family, every child, and every case is different. It is best to consult with an attorney experienced in Vermont family law before making any changes that could impact your custody arrangement, and the lives of your children. Contact Deppman Law PLC today at 802-388-6337 for a confidential consultation about your case.

Buying a Home With Someone You’re Not Married To

July 16, 2026
Buying a home with a partner, friend, or family member can make homeownership more attainable and allow two people to invest in property together. But when co-owners are not married, many of the legal protections and rules that apply to married couples do not necessarily apply in the same way. Before purchasing a home together, it’s important to think beyond the down payment and mortgage. Considerations such as how expenses will be divided and what happens if one person's circumstances change are much easier to address before closing than after a disagreement arises. Decide How You Will Own the Property One of the first decisions co-buyers will need to make is how title to the property will be held. The form of ownership can affect each person's rights in the property and what happens to an owner's interest if that person dies. The deed should also accurately reflect the ownership arrangement the buyers intend. A 50/50 split may make sense when both people are contributing equally, but that may not always be the case. One buyer might provide most of the down payment while the other contributes more toward the monthly mortgage or improvements to the property. Those differences should be discussed before the purchase. Simply contributing more money does not necessarily mean that a person will automatically receive a greater ownership interest or be entitled to reimbursement later. Buyers should understand how their contributions relate to their legal ownership and document their intentions accordingly. Plan for the Costs of Owning the Home The purchase price is only the beginning of the financial relationship between co-owners. Mortgage payments, property taxes, insurance, utilities, routine maintenance, and major repairs all create ongoing obligations. A written agreement can establish how those expenses will be divided and how decisions about the property will be made. It can also address less predictable situations. If the roof needs to be replaced, for example, are both owners responsible for half? What if one owner pays for a significant renovation that increases the property's value? What happens if one person temporarily cannot contribute toward the mortgage? Working through these questions in advance can prevent uncertainty about whether a payment was intended as a shared expense, a loan, or an additional investment in the property. Co-owners should also understand that ownership of the home and responsibility for the mortgage are separate issues. The names appearing on the deed determine ownership, while the loan documents determine who is legally responsible for repaying the mortgage. The way those documents are structured can have significant consequences for both parties. Consider What Happens If One Person Wants Out It may feel uncomfortable to discuss the end of a living arrangement while preparing to buy a home together, but it is one of the most important conversations unmarried co-buyers can have. Circumstances change. One person may want to relocate, experience a financial setback, enter a new relationship, or simply decide that joint ownership no longer works. Without an agreement, the owners may disagree about whether the property should be sold, whether one person can buy out the other, or how the home's value should be determined. A co-ownership agreement can establish a process before those issues arise. It might address how a buyout will work, how the property will be valued, how sale proceeds will be divided, and what happens if the owners cannot agree about whether to sell. The agreement can also address what should happen if an owner dies and how that person's interest in the property will be handled. Contact Deppman Law PLC  Buying a home together is a significant financial commitment, regardless of the relationship between the buyers. Taking the time to establish a clear ownership arrangement and put expectations in writing can help protect both parties and reduce the potential for disputes later. If you are considering purchasing Vermont real estate with a partner, friend, or family member, contact Deppman Law PLC for guidance on structuring the purchase and creating a co-ownership agreement that addresses your needs.

Buying a Small Business in Vermont and What to Know Before You Sign

June 17, 2026
Buying an existing business can be an appealing alternative to starting one from scratch. The customer base, employees, equipment, vendor relationships, and operating history may already be in place. But a business that looks successful from the outside can come with obligations and risks that are not immediately apparent. Before signing a purchase agreement, buyers should understand exactly what obligations may come with the transaction and whether the business is in the financial and legal position the seller has represented. Look Beyond the Financial Statements Financial records are an important part of evaluating a potential acquisition, but due diligence should extend well beyond revenue and profitability. A buyer should review the business's tax records, debts, pending or threatened litigation, insurance coverage, licenses and permits, and any liens or other claims involving business assets. Existing contracts also deserve careful attention. Agreements with customers, vendors, suppliers, lenders, and other third parties can have a significant impact on the value of the business. Some contracts may be transferred to a new owner, while others require consent or contain provisions allowing the other party to terminate the agreement after a change in ownership. If the business operates from leased property, the commercial lease can be equally important. Buyers should understand how much time remains on the lease, renewal options, rent increases, maintenance obligations, and whether the landlord must approve an assignment or a new lease. Vermont buyers should also be aware of state-specific obligations that can arise in connection with a business transfer. For example, Vermont law includes notice requirements involving certain bulk transfers of business assets and provisions that may affect a buyer that continues the operations of an existing employer. Know the Value of What You Are Buying Employees can be one of a business's most valuable assets, particularly when customer relationships or specialized knowledge depend on particular people. Before closing, buyers should understand the existing workforce, compensation and benefits, employment agreements, accrued obligations, and any ongoing employment disputes. In Vermont, acquiring and continuing an existing business can also have implications for unemployment insurance. Under certain circumstances, an acquiring business may be treated as a successor employer, and the predecessor's experience-rating record may transfer to the successor. Buyers should also identify precisely which physical and intangible assets are included in the purchase. Depending on the business, that might include equipment, inventory, vehicles, intellectual property, websites and domain names, customer information, trade names, or other valuable rights. It is important to determine not only that the seller possesses these assets, but also whether they are subject to liens or security interests that need to be addressed before closing. Asset Purchase or Equity Purchase? One of the most important decisions in structuring an acquisition is whether to purchase the assets of the business or the ownership interests in the company itself. In an asset purchase, the buyer generally purchases specifically identified assets and assumes only the liabilities identified in the agreement, subject to applicable law. This structure can give the parties greater ability to define what is — and is not — part of the transaction. In an equity purchase, the buyer purchases ownership of the existing company. The business entity continues to own its assets and remain subject to its contractual obligations and liabilities. That makes a careful investigation of the company's history particularly important. Neither structure is automatically better. Tax consequences, contracts, licenses, liabilities, financing, and the buyer's plans for the business can all influence how a transaction should be structured. Contact Deppman Law PLC Purchasing a business is a significant investment, and issues discovered after closing can be far more difficult and expensive to address than those identified during negotiations. An attorney can help evaluate the proposed transaction, conduct legal due diligence, identify potential risks, and prepare or review the agreements necessary to protect the buyer's interests. If you are considering buying a business in Vermont, contact Deppman Law PLC to learn more about the acquisition process and the steps you can take before signing.